Flammable and Combustible Liquid standard.

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

July 15, 1993

Mr. Richard Wertenberger
RA/QA Administrator
Baxter Diagnostics, Inc.
Burdick & Jackson
1953 South Harvey Street
Muskegon, Michigan 49442.9979

Dear Mr. Wertenberger:

Storage of flammable and combustible liquids in a storage room within a warehouse facility.

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

January 8, 1992

Mr. Earl K. Madsen
Bradley, Campbell, Carney and
Madsen Professional Corporation
1717 Washington Avenue
Golden, Colorado 80401-1994

Dear Mr. Madsen:

This is further response to your letter of September 24, on behalf of your client, Graphic Packing Corporation, concerning the applicability of 29 CFR 1910.106(d) to the storage of flammable and combustible liquids in the ink storage room within the warehouse facility.

Plastic containers for Class IB flammable liquids.

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

December 9, 1992

Mr. Eugene M. Lyons
Education Chairman
Penn Jersey Chapter ASSE
34 Farmbrook Drive
Hamilton, N.J. 08690

Dear Mr. Lyons:

This is in response to your letter of May 29 to the Technical Data Center of the Occupational Safety and Health Administration (OSHA). Your letter was forwarded to the Directorate of Compliance Programs for response. We apologize for the delay in responding.

Fiberglass tanks for above and below ground storage of flammable and combustible liquids

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

January 13, 1993

Mr. James L. Jones, III, ARM
Training Manager
Ennis, Lumsden, Boylston & Associates, Inc.
605 Eastowne Drive
Chapel Hill, North Carolina 27514

Dear Mr. Jones:

This is in response to your letter of December 1, concerning whether the use of fiberglass tanks for above and below ground storage of flammable and combustible liquids, from gasoline to asphalt, meets the intention of the Occupational Safety and Health Administration's (OSHA) 29 CFR 1910.106(b)(1), Flammable and Combustible Liquids standard.

The "gas caddy" and OSHA's Flammable and Combustible Liquids Standard.

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

April 23, 1996

Mr. Eric J. Sadler
Mechanical Engineer
Chem-Tainer Industries, Inc.
361 Neptune Ave. N.
Babylon, NY 11704

Dear Mr. Sadler:

Thank you for your letter of April 26, 1995, regarding your product the "gas caddy" and the Occupational Safety and Health Administration's (OSHA's) Flammable and Combustible Liquids Standard, 29 CFR 1910.106.

Compliance with NFPA 30 revisions in lieu of 1910.106.

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

July 18, 1995

Ms. Diana Gay, C.H.
Manager Health & Safety
BFGoodrich Specialty Chemicals
9911 Brecksville Road
Cleveland, Ohio 44141-3247

Dear Ms. Gay:

This is in response to your letter of February 27, with regard to your request for clarification pertaining to OSHA Standard, 29 CFR 1910.106. We apologize for the delay in our response.

Coverage of Stored Flammables Under the Process Safety Management Standard.

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

MEMORANDUM FOR:     Regional Administrators

FROM:               John B. Miles, Jr. Director
                    Directorate of Compliance Programs

Subject:            Coverage of Stored Flammables Under the Process Safety
                    Management Standard

In a recent decision,1 the judge ruled that coverage under OSHA's Process Safety Management Standard (1910.119) does not extend to stored flammables in "atmospheric tanks," even if they were connected to a "process" within the definition of the standard.

Ventilation of industrial plants involved in flammable or combustible liquid operations.

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

December 2, 1991

Wesley R. Van Pelt
President
Wesley R. Van Pelt Associates, Inc.
773 Paramus, New Jersey 07652

Dear Mr. Van Pelt:

Thank you for your letter of September 25 requesting interpretation of 29 CFR 1910.106(e)(3)(v)(a) and (b) on ventilation of industrial plants involved in flammable or combustible liquid operations within the scope of 29 CFR 1910.106(e)(1).

Shower requirements for the Lead in Construction Standard.

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

September 5, 1995

Mr. Richard Hayes, President
Hayes Environmental Services, Inc.
5727 Airport Highway, Suite A
Toledo, Ohio 43615

Dear Mr. Hayes:

This letter is in response to your questions concerning shower requirements for the Lead in Construction Standard and the acceptance of Underwriter's Laboratory (UL) approved safety cans on construction and general industry sites. Your letter raised the following questions which are addressed below:

Showers and the Lead in Construction Standard:

Request of Assistance in Evaluating Variance Application Number 2290.

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

August 31, 1995